Rakesh Mehani vs Shankar Dhamocha
2021 Latest Caselaw 8452 MP

                                                                          1                            MCRC-57526-2021
                                               The High Court Of Madhya Pradesh
                                                       MCRC No. 57526 of 2021
                                                             (RAKESH MEHANI Vs SHANKAR DHAMOCHA)


                                       Jabalpur, Dated : 08-12-2021
                                             Shri Utkarsh Agrawal, learned counsel for the petitioner.

                                             This petition under Section 482 of Cr.P.C. has been filed seeking
                                       quashment of order dated 27/10/2021 passed by learned VIII Additional
                                       Sessions Judge, Katni in Sessions Case No. 60/2019 refusing to quash
                                       complaint against the present applicant.

                                             Learned counsel for the petitioner on being pointed out by Shri
                                       Pushpendra Verma, learned Panel Lawyer that there is a issue of
                                       maintainability of this petition in the name and style of application under
                                       Section 482 of the Code of Criminal Procedure 1973 has drawn attention of
                                       this Court to para 37 of the judgment of Supreme Court in the case of Asian
                                       Resurfacing of Road Agency Private Limited and another Vs. Central
                                       Bureau of Investigation (2018)16 S.C.C. 299 wherein it is held that order
                                       framing charge is not purely an interlocutory order nor a final order. The
                                       jurisdiction of High Court is not a bar irrespective of label of the petition be it

                                       under Sections 397 or 482 Cr.P.C. or Article 227 of the Constitution.
                                       However, the said jurisdiction is to be exercised consistent with the legislative
                                       policy to ensure expeditious disposal of the trial without the same being in
                                       any manner hampered.
                                             Thus, considered the challenge to an order of charge should be
                                       entertained in a rarest of rare case only to correct patent error of jurisdiction
                                       and not to reappreciate the matter.
                                             Learned counsel for the petitioner submits that infact an agreement for
                                       sale of certain parcel was executed between respondent and one Juju. It is

submitted that land belongs to Madhu Balmik S/o Juju and subsequently this piece of land was purchased by the present petitioner from Madhu Balmik S/o Juju. It is submitted that purely a civil dispute where the complainant has remedy of filing a civil suit for cancellation of sale deed and also seeking a Signature Not Verified SAN

Digitally signed by VAIBHAV YEOLEKAR Date: 2021.12.10 19:41:16 IST 2 MCRC-57526-2021 decree of specific performance against Madhu Balmik has given a criminal colour. It is submitted that petitioner has been able to get mutation of land in his name. He is a bonafide purchaser and if there is any dispute, then it is between complainant and Madhu Balmik. Petitioner has nothing to do with the said transaction and the trial Court has overlooked all these aspects while

framing of charges.

Taking into consideration the arguments made by Shri Utkarsh Agrawal, learned counsel, issue notice to the respondent on payment of P.F. within one week, returnable in four weeks.

In the meanwhile, as an interim order, it is directed that no coercive action shall be taken against the present petitioner till the next date of hearing.

List this case in the week commencing 17 th January, 2022. C.C. as per rules.

(VIVEK AGARWAL) JUDGE

vy

Signature Not Verified SAN

Digitally signed by VAIBHAV YEOLEKAR Date: 2021.12.10 19:41:16 IST